Brandon v. Columbian Mutual Life Insurance

Appellate Division of the Supreme Court of New York

Brandon v. Columbian Mutual Life Insurance

264 A.D.2d 436, 694 N.Y.S.2d 134, 1999 N.Y. App. Div. LEXIS 8685

CourtAppellate Division of the Supreme Court of the State of New York

DecidedAugust 16, 1999

StatusPublished

Cited by2 cases

This text of 264 A.D.2d 436 (Brandon v. Columbian Mutual Life Insurance) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brandon v. Columbian Mutual Life Insurance, 264 A.D.2d 436, 694 N.Y.S.2d 134, 1999 N.Y. App. Div. LEXIS 8685 (N.Y. Ct. App. 1999).

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Opinion

In an action, inter alia, to recover the proceeds of a life insurance policy, the plaintiff appeals from an order of the Supreme Court, Kings County (Kramer, J.), dated June 24, 1998, which granted the motion of the defendant Patricia Alexander for summary judgment dismissing the complaint insofar as asserted against her.

Ordered that the order is affirmed, with costs.

The plaintiff lacks standing to sue on behalf of the decedent’s estate since she has not received letters of administration (see, EPTL 11-3.1, 1-2.13; Palladino v Metropolitan Life Ins. Co., 188 AD2d 708). Moreover, the plaintiff has failed to show that she has an actual legal stake in the matter being adjudicated (Society of Plastics Indus. v County of Suffolk, 77 NY2d 761, 772-773). Bracken, J. P., Thompson, Goldstein, McGinity and Schmidt, JJ., concur.

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In an action, inter alia, to recover the proceeds of a life insurance policy, the plaintiff appeals from an order of the Supreme Court, Kings County (Kramer, J.), dated June 24, 1998, which granted the motion of the defendant Patricia Alexander for summary judgment dismissing the complaint insofar as asserted against her.

Ordered that the order is affirmed, with costs.

The plaintiff lacks standing to sue on behalf of the decedent’s estate since she has not received letters of administration (see, EPTL 11-3.1, 1-2.13; Palladino v Metropolitan Life Ins. Co., 188 AD2d 708). Moreover, the plaintiff has failed to show that she has an actual legal stake in the matter being adjudicated (Society of Plastics Indus. v County of Suffolk, 77 NY2d 761, 772-773). Bracken, J. P., Thompson, Goldstein, McGinity and Schmidt, JJ., concur.

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Bluebook (online)

264 A.D.2d 436, 694 N.Y.S.2d 134, 1999 N.Y. App. Div. LEXIS 8685, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brandon-v-columbian-mutual-life-insurance-nyappdiv-1999.

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